BELIZE TELECOMMUNICATIONS ACT CHAPTER 229 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

Transcription

1 BELIZE TELECOMMUNICATIONS ACT CHAPTER 229 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition This edition contains a consolidation of the following laws- Page ARRANGEMENT OF SECTIONS 3 TELECOMMUNICATIONS ACT 10 Amendments in force as at 31st December, 2000.

2 BELIZE TELECOMMUNICATIONS ACT CHAPTER 229 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition This edition contains a consolidation of the following laws- Page ARRANGEMENT OF SECTIONS 3 TELECOMMUNICATIONS ACT 10 Amendments in force as at 31st December, 2000.

3 Telecommunications [CAP CHAPTER 229 TELECOMMUNICATIONS ARRANGEMENT OF SECTIONS PART I Preliminary 1. Short title. 2. Interpretation. PART II Regulation and Provision of Telecommunication Services 3. Performance of certain of B.T.A. s functions. 4. National and regional telecommunications services. 5. International telecommunication service. 6. The Director of Telecommunications. 7. General functions and authority of the Director. 8. Official seal. 9. Delegation of authority by Director. 10. Appointment of staff.

4 4 CAP. 229] Telecommunications 11. Authority to make by-laws. 12. Effect of by-laws. 13. Delegation of powers and functions by Minister. 14. Review of telecommunication activities. 15. Publication of information and advice. 16. Investigation of complaints. 17. Power to require information. 18. Power to establish advisory bodies. 19. Annual and other reports. PART III Licensing of Telecommunication Systems 20. Power to license systems. 21. Special provisions applicable to certain licences. 22. Public telecommunications systems. 23. Securing compliance with licence. 24. Register of licences and Orders. 25. Approval of contractors.

5 Telecommunications [CAP Register of approved contractors. 27. Approval, etc., of apparatus. 28. Register of approved apparatus, etc. 29. Approval, etc., of meters. 30. Delegation of functions under sections 27 to Cancellation of licence. 32. Application to Government. 33. Saving of Government rights. PART IV Control of Telecommunications 34. Control within Belize and its territorial waters. 35. Control of import and export of radiocommunication transmitting apparatus. 36. Control of radiocommunication apparatus on vessel in territorial waters of Belize. 37. Control of use of radiocommunication apparatus on aircraft in the country. 38. Interference to telecommunication when apparatus on board a vessel or aircraft is used.

6 6 CAP. 229] Telecommunications 39. Possession of telecommunication stations by the Government in emergencies. 40. Contravention of section 34 an offence. 41. Contravention of section 35 an offence. 42. Penalty in event of contravention of sections 36, 37 and Offences by telecommunication officer, etc. 44. Destruction, etc., of messages by persons other than telecommunication officers. 45. Fraudulent use of telecommunication systems. 46. Improper use of public telecommunication system. 47. Damage to telecommunication apparatus, etc. 48. Entry on certain land without permission. 49. Assault on persons engaged in the business of a telecommunication operator. 50. Penalties in respect of other wrongful acts. 51. Power to search, arrest, seize, etc. 52. Forfeiture. 53. Proceedings by the Director. 54. How powers of the Director are to be exercised.

7 Telecommunications [CAP PART V Acquisition, etc., of Land by Telecommunications Operator 55. Power to acquire and dispose of property. 56. Power to cross rivers, etc. 57. Power to break up streets. 58. Power to place and maintain telecommunication apparatus, etc., on land. 59. Disputes as to compensation. 60. Removal, etc., of line or posts, where necessary to use land. 61. Trees interrupting telecommunication apparatus. 62. Work affecting telecommunication apparatus. 63. Power to enter on land. 64. Abandonment of apparatus. 65. Serving of notices. 66. Savings and exclusion of certain remedies, etc. 67. Application of Act to existing telecommunication systems.

8 8 CAP. 229] Telecommunications PART VI Transfer of Undertaking of Belize Telecommunication Authority (B.T.A.) Vesting of Property, etc., of Belize Telecommunication Authority in a Company Nominated by the Minister 68. Vesting of property, etc., of B.T.A. in the successor company. 69. Dissolution of B.T.A. and the nomination of successor company. 70. Initial Government holding in the successor company. 71. Government investment in securities of the successor company. 72. Exercise of Financial Secretary s functions through nominees. 73. Target investment limit for Government shareholding. 74. Financial structure of the successor company. PART VII Miscellaneous and Supplemental Miscellaneous 75. Directions in the interest of national security, etc. 76. Contributions by local authorities towards provision of telecommunication services. 77. Power to make regulations.

9 Telecommunications [CAP Supplemental 78. General restrictions on disclosure of information. 79. Offences by companies. 80. Summary proceedings. 81. Orders and schemes. 82. Financial provisions. 83. Charges for provision of telecommunication services. 84. Commencement and extent. SCHEDULE

10 10 CAP. 186, R.E of of of of Commencement. S.I. 102 of S.I. 104 of S.I. 81 of CAP. 229] Telecommunications CHAPTER 229 TELECOMMUNICATIONS 1 Parts I to V, etc. [29th December, 1987] Parts VI, etc. [30th December, 1987] Section 73, etc. [22nd June, 1990] PART I Preliminary Short title. Interpretation. 1. This Act may be cited as the Telecommunications Act. 2. In this Act, unless the context otherwise requires- appointed day means the day referred to in section 3 (1); 22 of B.T.A. means the Belize Telecommunication Authority established under section 3 of the Belize Telecommunication Authority Ordinance; commercial activities connected with telecommunications means any of the following, that is to say, the provision of telecommunication services, the supply or export of telecommunication apparatus and the production or acquisition of such apparatus for supply or export; disabled person means any person who is blind, deaf or dumb or who is substantially and permanently handicapped by illness, injury, congenital deformity or any other disability and disabled shall be construed accordingly; 1. This Act should be read and construed so as to give effect to the Public Utilities Commission Act, Chapter 223 (see s 56 (1) of Chapter 223).

11 Telecommunications [CAP local authority means any authority having municipal or administrative jurisdiction over and within any area in respect of which rights are exercised under this Act; message means any communication sent or received or made by telecommunication or given to a telecommunication officer to be sent by telecommunication or to be delivered; Minister means the Minister for the time being responsible for Communication; radiocommunication means communication by radio waves; radiocommunication apparatus includes all technical apparatus or equipment capable of conducting radio communication; telecommunication means any transmission, emission or reception of signs, signals, writing, images, sounds or intelligence of any nature by wire, radio, optical or other electromagnetic system; telecommunication apparatus means apparatus constructed or adapted for use- in transmitting or receiving anything falling within subparagraphs to (d) of the definition of telecommunication system which is to be or has been conveyed by means of a telecommunication system; or in conveying for the purpose of such a system, anything falling within those subparagraphs; telecommunication installation means any apparatus or equipment maintained for or in connection with a telecommunication service;

12 12 CAP. 229] Telecommunications telecommunication officer means any person employed in connection with a telecommunication service; telecommunications operator means any person or company authorised by a licence granted under section 20 to run a telecommunication system; telecommunication service means any of the following, that is to say- (c) (d) a service for the conveyance by means of a telecommunication system of anything failing within subparagraphs to (d) of the definition of telecommunication system ; and a directory information service, that is to say, a service consisting in the provision by means of a telecommunication system of directory information for the purpose of facilitating the use of a service falling within paragraph above and provided by means of that system; and a service consisting in the installation, maintenance, adjustment, repair, alteration, moving, removal or replacement of apparatus which is or is to be connected to a telecommunication system; and any service involving telephony and telegraphy (including telephone calls, whether complete or incomplete) of any other telecommunication transmissions or signals which originate in Belize, whether or not the body providing the service operates from Belize or elsewhere, except to the extent that such body has entered into an agreement to provide such service with an entity which has been granted a licence for that purpose under the provisions of this Act; telecommunication system means a system for the conveyance, through the agency of electric, magnetic, electromagnetic, electrochemical or

13 Telecommunications [CAP electromechanical energy, of- (c) (d) speech, music and other sounds; visual images; signals serving for the impartation (whether as between persons and persons, things and things or persons and things) of any matter otherwise than in the form of sounds or any visual images; or signals serving, for the actuation or control of machinery or apparatus; vesting day means the day specified in subsection (1) of section 68. PART II Regulation and Provision of Telecommunication Services 3.-(1) As from such day as the Minister may by Order appoint for the purpose of Parts I to V of this Act (in this Act referred to as the appointed day ), the B.T.A. shall cease to perform the functions imposed on it under paragraph and (e) of section 12 (as described in subsection 2 below) of the Belize Telecommunication Authority Ordinance (in this Act referred to as the B.T.A. Ordinance). Performance of certain of B.T.A. S functions. 22 of (2) On the appointed day, the B.T.A. shall cease to- regulate, monitor and control all telecommunication services within Belize, in accordance with national policies, and bilateral or multilateral agreements adhering to the guidelines of the International Telecommunications Union;

14 14 CAP. 229] Telecommunications promote and encourage the effective and efficient development and administration of the national and international services of Belize and the efficient use of the radio frequency spectrum, in particular by formulating and advising the Minister on national policies covering the whole field of telecommunication having regard to the development, wellbeing and security of the country. National and regional telecommunications services. 4.-(1) During the transition period, the B.T.A. shall continue to perform those functions necessary and sufficient for the provision of national and regional telecommunication services, other than those functions transferred to the Director under section 7 below. (2) For the purposes of this Act, the transition period means the period beginning with the appointed day and ending on the vesting day. International telecommunication service. Schedule. Schedule. 5.-(1) As from the appointed day, international telecommunication service shall continue to be provided under existing licence and agreements in accordance with subparagraph (1) of paragraph 1 of the Schedule, unless such licence expires or is cancelled or withdrawn in accordance with subparagraph (3) of paragraph 1 of the Schedule. (2) At the expiration or determination of such licence granted in accordance with subsection (1) above, the company nominated by the Minister under section 69 may be granted a licence under section 20 to provide international telecommunication service. (3) The effective date of commencement of that licence shall be the day after the expiration or determination of the licence granted in accordance with subsection (1) above. The Director of Telecommunications. CAP The Minister shall recommend the appointment of an officer as from the appointed day (in accordance with section 107 of the Constitution), to be known as the Director of Telecommunications (in this Act referred to as the

15 Telecommunications [CAP Director ), for the purpose of performing the functions and discharging the duties assigned or transferred to him by or under this Act. 7. On and from the appointed day- when the performance of certain functions and authority imposed on the B.T.A. shall cease under section 3 above, the performance of those functions and authority shall, by virtue of this section, stand transferred to and vest in the Director. General functions and authority of the Director. the Office of Frequency Management shall cease to exist and all its functions, property and authority shall by virtue of this section stand transferred to and vest in the Director. 8. The Director shall have an official seal for the authentication of instruments required for the purposes of his functions. 9. Anything authorised or required by or under this Act to be done by the Director may be done by any member of his staff authorised by him by a general or special order in that behalf. 10. The Director shall recommend to the Public Services Commission the appointment of such staff (in accordance with conditions of service as specified under Public Service Regulations and any other regulations governing the public service) as he may thing fit and proper to perform his functions under this Act. 11.-(1) The Director may, subject to any existing licence, permit or consent granted under this Act, make by-laws relating to- the inspection of telecommunication installations; Official seal. Delegation of authority by Director. Appointment of staff. Authority to make by-laws. 26 of the protection of telecommunication installations;

16 16 CAP. 229] (c) (d) (e) Telecommunications the conditions under which telecommunication installations may be made; fees to be charged for the provision of telecommunication service; and all matters generally connected with the operation of telecommunication service which are not otherwise provided for. (2) Any person who contravenes or fails to comply with any by-laws made under this section commits an offence and shall be liable on summary conviction to a fine not exceeding five hundred dollars. Effect of by-laws. Delegation of powers and functions by Minister. 12. By-laws made under section 11 shall not have force or effect until they have been approved by the Minister and published in the Gazette. 13.-(1) The Minister may, by Order published in the Gazette, delegate all or any of his powers and functions under this Act to the Director subject to such restrictions and limitations as may be specified in the Order- to secure that there are provided throughout Belize, save in so far as the provision thereof is impracticable, such telecommunication services as satisfy all reasonable demands for them including, in particular, emergency services, public call box services, directory information services, maritime services and services in rural areas; and without prejudice to the generality of paragraph above, to secure that any person by whom any such service is to be provided is able to finance the provision of those services. (2) Subject to subsection (1) above, the Director shall exercise the functions assigned to him by or under this Act in a manner which he considers

17 Telecommunications [CAP best calculated- (c) to protect the interest of consumers, purchasers and other users in Belize (including, in particular, those who are disabled) in respect of the prices charged for, and the quality and variety of, telecommunication apparatus supplied; to promote research into the development and the use of new techniques by such persons engaged in commercial activities connected with telecommunications in Belize; to promote the provision of international transit services by persons providing telecommunication services in Belize. (3) In this section, international transit services means a telecommunication service for the conveyance of sounds, visual images or signals which have been conveyed from and are to be conveyed to places outside Belize. 14.-(1) It shall be the duty of the Director to keep under review the carrying on both within and outside Belize of activities connected with telecommunications. (2) It shall also be the duty of the Director to collect information with respect to commercial activities connected with telecommunications carried on in Belize and the persons by whom they are carried on with a view to his becoming aware of, and ascertaining the circumstances relating to, the matters with respect to which his functions are exercisable. 15. The Director may arrange for the publication of all relevant information that may be considered expedient in protecting the interest of consumers. 16.-(1) It shall be the duty of the Director to consider any matter which- relates to telecommunication services provided or telecommunication apparatus supplied in Belize; and Review of telecommunication activities. Publication of information and advice. Investigation of complaints.

18 18 CAP. 229] Telecommunications is the subject of a representation (other than one appearing to the Director to be frivolous) made to the Director by or on behalf of a person appearing to the Director to have an interest in that matter. (2) Where any matter considered by the Director is more than frivolous as under subsection (1) above, the Director shall consult the Minister before exercising his functions with respect to that matter. Power to require information. 17.-(1) The Director may, for any relevant purpose, in connection with telecommunication in Belize, by notice in writing signed by him- require any person to produce, at a time and place specified in the notice, to the Director or to any person appointed by him for the purpose, any documents which are specified or described in the notice and are in that person s custody or under his control; or require any person carrying on any business to furnish to the Director such estimates, returns or other information as may be specified or described in the notice, and specify the time, the manner and the form in which any such estimates, returns or information are to be furnished; but no person shall be compelled for such purpose to produce any documents which he could not be compelled to produce in civil proceedings before the court or in complying with any requirement for the furnishing of information, or to give any information which he could not be compelled to give in evidence in such proceedings. (2) A person who refuses or, without reasonable excuse, fails to do anything duly required of him by a notice under subsection (1) above commits an offence and is liable on conviction to a fine not exceeding five thousand dollars.

19 Telecommunications [CAP (3) A person who- intentionally alters, suppresses or destroys any document which he has been required by a notice under this section to produce; or in furnishing any estimate, return or other information required of him under any such notice, makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, commits an offence. (4) A person who commits an offence under subsection (3) above shall be liable- on summary conviction, to a fine not exceeding two thousand dollars; on conviction on indictment, to a fine not exceeding five thousand dollars. (5) If a person makes default in complying with a notice under subsection (1) the court may, on the application of the Director, make such order as the court thinks fit for requiring the default to be made good; and any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the person in default or by any officer of a company or other association who is responsible for such default. (6) In this section- the court means the magistrate s court;

20 20 CAP. 229] Telecommunications relevant purpose means any purpose connected with the exercise of the Director s functions under this Act. Power to establish advisory bodies. 18. The Minister may, as soon as practicable after the appointed day, establish advisory bodies for matters affecting Belize in telecommunication matters; and each body so established shall consist of such members as the Minister may from time to time appoint. (2) In establishing a body under subsection (1) above, the Minister shall have regard to the desirability of having members who have the expertise and knowledge of the particular area (including, in particular, the special requirements and circumstances of consumers, purchasers and other users in part of telecommunication services and telecommunication apparatus). (3) It shall be the duty of an advisory body established under this section to advise the Minister on any matter- in respect of which any of the Director s functions is exercisable; and which is referred to it by the Minister. (4) The Minister may defray or contribute towards the expenses of an advisory body established under this section. Annual and other reports. 19.-(1) The Director shall within three months after the end of each fiscal year, make a report to the Minister on the activities of the Director during that year. (2) Every such report shall include a general survey of developments, during the year to which it relates, in respect of matters falling within the scope of the Director s functions. (3) The Minister shall lay a copy of every report made by the Director under subsection (1) above before the House of Representatives, and shall

21 Telecommunications [CAP arrange for every such report to be published in such manner as he may consider appropriate. (4) The Director may also prepare such other reports as appear to him to be expedient with respect to such matters as are mentioned in subsection (2) above. PART III Licensing of Telecommunication Systems 20.-(1) A licence may be granted by the Minister, for the running of any such telecommunication system as is specified in the licence or is of a description so specified. Power to license systems. (2) A licence granted under this section shall be in writing, stamped with the official seal of the Director, and, unless previously revoked in accordance with any term in that behalf contained in the licence, shall continue in force for such period as may be specified in or determined by or under the licence. (3) A licence granted under this section may be granted either to all persons, to persons of a class or to a particular person. (4) A licence granted under this section may authorise- the connection to any telecommunication system to which the licence relates of- (i) (ii) any other telecommunication system specified in the licence or of a description so specified; and any apparatus so specified or of a description so specified; and

22 22 CAP. 229] Telecommunications the provision by means of any telecommunication system to which the licence relates of any telecommunication services specified in the licence or of a description so specified. (5) A licence granted under this section may include- (c) conditions requiring the rendering to the Minister of a payment on the grant of the licence or payments during the currency of the licence or both of such amount or amounts as may be determined by or under the licence; and conditions requiring any person who is authorised by the licence to run a telecommunication system to furnish to the Director, in such manner and at such times as he may reasonably require, such documents, accounts, estimates, returns or other information as he may require for the purpose of exercising the functions assigned or transferred to him by or under this Act; and such conditions (whether relating to the running of a telecommunication system to which the licence relates or otherwise) as appear to the Minister to be requisite or expedient having regard to section 7 above. (6) Without prejudice to the generality of paragraph of subsection (5) above, conditions included by virtue of that paragraph in a licence granted under this section to a particular person may require that person- to comply with any direction given by the Director as to such matters as are specified in the licence or are of a description so specified; except in so far as the Director consents to his doing or not doing them, not to do or do such things as are specified in the

23 Telecommunications [CAP licence or are of a description so specified; and (c) to refer for determination by the Director such questions arising under the licence as are specified in the licence or are of a description so specified. (7) A licence granted under this section otherwise than to a particular person shall be published in such manner as may be considered appropriate for bringing it to the attention of the persons for whose benefit it will enure. (8) Any sums received under this section shall be paid into the Consolidated Revenue Fund. (9) Where a licence granted under this section to a particular person includes a provision requiring that person to run any telecommunication system to which the licence relates through the agency of some other person, that other person, as well as the first mentioned person, shall be taken for the purposes of this section and the following provisions of this Part to be authorised by the licence to run that system. 21.-(1) This section applies to any licence granted under section 20 to a particular person which includes conditions requiring that person- to provide such telecommunication services as are specified in the licence or are of a description so specified; Special provisions applicable to certain licences. (c) to connect to any telecommunication system to which the licence relates or permit the connection to any such system of, such other telecommunication systems and such apparatus as are specified in the licence or are of a description so specified; to permit the provision by means of any telecommunication system to which the licence relates of such services as are specified in the licence or are of a description so specified;

24 24 CAP. 229] (d) (e) Telecommunications not to show undue preference to, or to exercise undue discrimination against, particular persons or persons of any class or description (including, in particular, persons in rural areas) as respects any service provided, connection made or permission given in pursuance of such conditions as are mentioned in the foregoing paragraphs (whether in respect of the charges or other terms or conditions applied or otherwise); and to publish, in such manner and at such times as are specified in the licence, a notice specifying, or specifying the method that is to be adopted for determining, the charges and other terms and conditions that are to be applicable to such services so provided, such connections so made and such permissions so given as are specified in the licence or are of a description so specified. (2) Before granting a licence to which this section applies, the Minister shall give notice- (c) stating that he proposes to grant the licence and setting out its effect; stating the reasons why he proposes to grant the licence; and specifying the time (not being less than twenty-eight days from the date of publication of the notice) within which representations or objections with respect to the proposed licence may be made, and shall consider any representations or objections which are duly made and not withdrawn. (3) A notice under subsection (2) above shall be given by publication in such manner as the Minister considers appropriate for bringing the matters to

25 Telecommunications [CAP which the notice relates to the attention of persons likely to be affected by them. 22.-(1) The Minister may by Order published in the Gazette designate as a public telecommunication system any telecommunication system the running of which is authorised by a licence to which section 20 above applies; and any reference in this Act to a public telecommunication system is a reference to a telecommunication system which is so designated and the running of which is so authorised. Public telecommunications systems. (2) An Order under subsection (1) above shall not come into operation until after the end of the period of twenty-eight days beginning with- the day on which copies of the Order, and of the licence to which section 20 above applies, are laid before each House of the National Assembly; or if such copies are so laid on different days, the last of those days. (3) In this Act, public telecommunications operator means a person authorised by a licence to which section 20 above applies to run a public telecommunication system. (4) In any case where it appears to the Minister that it is expedient for transitional provision to be made in connection with a telecommunication system ceasing to be a public telecommunication system, or a person ceasing to be a public telecommunications operator, the Minister may make a scheme giving effect to such transitional provision as he thinks fit. 23.-(1) Where the Minister is satisfied that a person who is authorised by a licence granted under section 20 above to run a telecommunication system (in this Act referred to as a telecommunications operator ) is contravening or has contravened, and is likely again to contravene, any of the conditions of his Securing compliance with licence.

26 26 CAP. 229] Telecommunications licence, the Minister may by Order make such provision as is requisite for the purpose of securing compliance with that condition. (2) In determining the extent of the Order to be made, the Minister shall consider in particular the extent to which every person is likely to sustain loss or damage in consequence of anything which, in contravention of the relevant condition, is likely to be done, or omitted to be done. (3) The Order made under subsection (1) above- shall require the telecommunications operator (according to the circumstances of the case) to do, or not to do, such things as are specified in the Order; shall take effect at such time, being not earlier than- (i) (ii) twenty-eight days after notice of such an Order (stating the relevant conditions of the licence and the acts or omissions, which in the opinion of the Minister, constitute or would constitute the contravention of any of the provisions of the Act or the conditions of licence) has been served upon the licensee; or such longer period as may be specified by or under that Order: Provided that no such Order shall take effect, if before the expiry of the period specified in subsection (3) above, the licensee has remedied the alleged contravention to the reasonable satisfaction of the Minister: Provided further that no such Order shall take effect unless the Minister has given reasonable consideration to any representations or objections made to him by or on behalf of the licensee or any other affected person within the first twenty days of the period specified in subsection 3 above; and

27 Telecommunications [CAP (c) may be revoked at any time by the Minister. (4) In this section, contravention, in relation to any condition of a licence, includes any failure to comply with that condition and contravene shall be construed accordingly. (5) Nothing in this section shall supersede the authority of the Minister to cancel a licence under section 31 below. 24.-(1) The Director shall keep a register of licences granted under section 20 above and any Orders at such premises and in such form as he may determine. (2) The Director shall cause to be entered in the register the provisions of- Register of licences and Orders. every licence granted under section 20 above and every modification or revocation of, and every direction or consent given or determination made under, such a licence; and every Order and every revocation of such an Order. (3) The register shall be open to public inspection during such hours and subject to payment of such fee as may be prescribed by an Order made by the Minister and published in the Gazette. (4) Any person may, on payment of such fee as may be prescribed by an Order so made, require the Director to supply to him a copy of or extract from any part of the register, certified by the Director to be a true copy or extract. (5) Any sums received under this section shall be paid into the Consolidated Revenue Fund. 25.-(1)Where licences granted under section 20 above include provisions which are framed by reference to the carrying out of relevant operations by persons for the time being approved under this section, then, for the purposes Approval of contractors.

28 28 CAP. 229] Telecommunications of those provisions, persons may be approved under this section in relation to such operations by the Minister. (2) A person applying for an approval under this section may be required by the person to whom the application is made to comply with such requirements as the person to whom the application is made may think appropriate; and those requirements may include a requirement to satisfy some other person with respect to any matter. (3) An approval under this section may apply either to a particular person or to persons of a description specified in the approval, and may so apply either in relation to particular relevant operations or in relation to relevant operations of a description so specified. (4) An approval under this section may specify conditions which must be complied with if the approval is to apply, for any purposes specified in the approval, to any person who is so specified or is of the description so specified, and any such conditions may impose on the person to whom the approval is given a requirement from time to time to satisfy any person with respect to any matter. (5) Nothing in this section shall preclude a person (not being the Minister or Director) by whom any matter is to be determined for the purposes of any requirement imposed in pursuance of subsection (2) or (4) above from charging any fee in respect of the carrying out of any test or other assessment made by him. (6) Any power conferred by this section to give an approval includes power to vary or withdraw an approval given in exercise of that power. (7) The Minister may, by Order published in the Gazette, provide for the charging of fees in respect of the exercise of any functions conferred by or under this section.

29 Telecommunications [CAP (8) Any sums received under this section shall be paid into the Consolidated Revenue Fund. (9) In this section, relevant operations means the installation, maintenance, adjustment, repair, alteration, moving, removal or replacement of apparatus which is or is to be connected to any telecommunication system to which a licence under section 20 above relates. 26.-(1) The Director shall keep a register of approvals given under section 25 above at such premises and in such form as he may determine. (2) The Director shall cause particulars of every such approval, and of every variation or withdrawal of such approval, to be entered in the register. Register of approved contractors. (3) Subsections (3) to (5) of section 24 above shall, as far as may be, apply for the purposes of this section. 27.-(1) Where licences granted under section 20 above include provisions which are framed by reference to apparatus for the time being approved under this section for connection to telecommunication systems to which the licences relate, then, for the purposes of those provisions, apparatus may be approved for connection to those systems by the Minister. Approval, etc., of apparatus. (2) A person applying for an approval under this section may be required by the person to whom the application is made to comply with such requirements as the person to whom the application is made may think appropriate; and those requirements may include a requirement to satisfy some other person with respect to any matter. (3) An approval under this section may apply either to particular apparatus or to any apparatus of a description specified in the approval, and may so apply either for the purposes of a particular telecommunication system or for the purpose of any telecommunication system of a description so specified.

30 30 CAP. 229] Telecommunications (4) An approval under this section may specify conditions which must be complied with if the approval is to apply, for any purposes specified in the approval, to any apparatus which is so specified or is of a description so specified; and any such condition may impose on the person to whom the approval is given a requirement from time to time to satisfy any person with respect to any matter. 26 of (5) Nothing in this section shall preclude a person (not being the Minister) by whom any matter is to be determined for the purpose of any requirement imposed in pursuance of subsection (2) or subsection (4) above from charging a fee in respect of the carrying out of any test or other assessment made by him. (6) Standards to which apparatus of a description specified in the designation must conform if it is to be approved for connection to a telecommunication system so specified or of a description so specified may be designated by the Minister; and a standard so designated may apply subject to such exceptions as may be determined by or under the designation. (7) A designation under this section may specify conditions which must be complied with if any apparatus of a description specified in the designation is to be regarded, for any purposes so specified, as conforming to the standard to which the designation relates. (8) Before designating a standard under this section, the Minister shall give notice- stating that he proposes to make the designation and setting out its effect; stating any conditions which he proposes to specify in the designation; and

31 Telecommunications [CAP (c) specifying the time (not being less than twenty-eight days from the date of publication of the notice) within which representations or objections with respect to the proposed designation may be made, and shall consider any representations or objections which are duly made and not withdrawn. (9) A notice under subsection (8) above shall be given by sending a copy of the notice to the person running the system and such other persons (if any) as the Minister considers appropriate. (10) Any power conferred by this section to give an approval or designate a standard includes power to vary or withdraw an approval given or designation made in the exercise of that power. (11) The Minister may, by Order published in the Gazette, provide for the charging of fees in respect of the exercise of any functions conferred by or under this section. (12) Any sums received under this section shall be paid into the Consolidated Revenue Fund. 28.-(1) The Director shall keep a register of approvals given and designations made under section 27 above at such premises and in such form as he may determine. Register of approved apparatus, etc. (2) Subject to any direction given under subsection (3) below, the Director shall cause particulars of every such approval or designation, and of every variation or withdrawal of such an approval or designation, to be entered in the register. (3) Subsections (3) to (5) of section 24 above shall, as far as may be, apply for the purposes of this section.

32 32 CAP. 229] Telecommunications Approval, etc., of meters. 29.-(1) Where licences granted under section 20 above include provisions which are framed by reference to meters for the time being approved under this section for use in connection with telecommunication systems to which the licences relate, then, for the purposes of those provisions, meters may be approved for use in connection with those systems by the Minister. (2) A person applying for an approval under this section may be required by the person to whom the application is made to comply with such requirement as the person to whom the application is made may think appropriate; and those requirements may include a requirement to satisfy some other person with respect to any matter. (3) An approval under this section may apply either to a particular meter or to any meter of a description specified in the approval, and may so apply either for the purposes of a particular telecommunication system or for the purposes of any telecommunication system of a description so specified. (4) An approval under this section may specify conditions which must be complied with if the approval is to apply, for any purpose specified in the approval, to any meter which is so specified in or is of a description so specified; and any such condition may impose on the person to whom the approval is given a requirement from time to time to satisfy any person with respect to any matter. (5) Nothing in this section shall preclude a person (not being the Minister or the Director) by whom any matter is to be determined for the purposes of any requirement imposed in pursuance of subsection (2) or (4)above from charging any fee in respect of the carrying out of any test or other assessment made by him. (6) Standards to which any meter of a description specified in the designation must conform if it is to be approved for use in connection with a telecommunication system so specified or of a description so specified may be

33 Telecommunications [CAP designated by the Minister; and a standard so designated may apply subject to such exceptions as may be determined by or under the designation. (7) A designation under this section may specify conditions which must be complied with if any meter of a description specified in the designation is to be regarded, for any purposes so specified, as conforming to the standard to which the designation relates. (8) A meter shall not be approved under this section for use in connection with any telecommunication system unless either- the meter conforms to a standard designated under this section which applies to it for the purposes of that system; or the Director is satisfied that if used in connection with that system in accordance with the approval, the meter would be sufficiently accurate and reliable. (9) Before giving an approval under this section by virtue of subsection (8) above or designating a standard under this section, the Minister shall give notice- (c) stating that he proposes to give the approval or make the designation and setting out its effect; stating any conditions which he proposes to specify in the approval or designation; and specifying the time (not being less than twenty-eight days from the date of publication of the notice) within which representions or objections with respect to the proposed approval or designation may be made,

34 34 CAP. 229] Telecommunications and shall consider any representations or objections which are duly made and not withdrawn. (10) A notice under subsection (9) above shall be given by sending a copy of the notice- in the case of an approval, to the person applying for the approval; in the case of a designation, to the person running the system; and (in either case) to such other persons (if any) as the Minister considers appropriate. (11) Any power conferred by this section to give an approval or designate a standard includes power to vary or withdraw an approval given or designation made in the exercise of that power. (12) The Minister may, by Order published in the Gazette, provide for the charging of fees in respect of the exercise of any functions conferred by or under this section. (13) Any sums received under this section shall be paid into the Consolidated Revenue Fund. (14) In this section meter means any system or apparatus constructed or adapted for use in ascertaining the extent of telecommunication services provided by means of a telecommunication system. Delegation of functions under sections 27 to (1) The functions conferred on the Minister by sections 27 and 29 above (other than the powers to make Orders) shall be exercisable by any person appointed by the Minister for the purpose to such extent and subject to such conditions as may be specified in the appointment.

35 Telecommunications [CAP (2) Before appointing any person under this section, the Minister shall consult with the persons running the telecommunication systems concerned, or with such organisations as appear to the Minister to be representative of those persons. 31.-(1) Any licence, permit, permission or consent granted under this Act may, at any time, be cancelled or withdrawn by the Minister in accordance with any term in that behalf contained in that licence, permit, permission or consent: Cancellation of licence. 26 of Provided that in the circumstances where the Minister may cancel or withdraw any licence, permit, permission or consent, he may suspend such licence, permit, permission or consent for a period not exceeding three months and may require the licensee or other affected person to show cause why such licence, permit, permission or consent should not be cancelled or withdrawn. (2) Where any licence, permit, permission or consent granted under this Act is cancelled, withdrawn or suspended, no part of any fee or other sum paid in respect thereof shall be refunded. 32. Save as otherwise expressly provided, this Act does not bind the Government or apply to any telecommunication service or installation established or maintained by the Government or to any apparatus possessed or used by the Government for the purpose of or in connection with any such means of telecommunication. 33. Nothing in this Act shall prevent the Government from establishing and maintaining any means of telecommunication to the exclusion of all other persons. PART IV Application to the Government. Saving of Government rights. Control of Telecommunications 34.-(1) Save and in accordance with a licence granted by the Minister, no person shall in Belize or on board any ship or aircraft registered in Belize or through the use of Belize s radio frequency spectrum- Control within Belize and its territorial waters. 10 of 1993.

36 36 CAP. 229] (c) (d) Telecommunications establish and maintain any means of telecommunication, telecommunication service or telecommunication system; or possess any apparatus of any kind that generates and emits radio waves notwithstanding that the apparatus is not intended for radiocommunication; or deal, in the course of trade or business, in apparatus or materials for radiocommunications or in any component part of any such apparatus or in apparatus of any kind that generates and emits radio waves whether or not the apparatus is intended, or capable of being used, for radiocommunication; or demonstrate, with a view to sell in the course of trade or business, any apparatus or materials for radiocommunication. (2) For the avoidance of doubts, it is hereby declared that the fact that the person from whom any telecommunication apparatus is loaned, leased or hired, or the person maintaining a means of telecommunication to which other telecommunication apparatus is connected, is the holder of a licence granted under this Act, does not exempt the person to whom the apparatus is loaned, leased or hired, or the person maintaining, possessing or using the apparatus forming part of, or connected with, such means of telecommunication, as the case may be, from the necessity of obtaining such licence as may be required under this Act. Control of import and export of radio communication transmitting apparatus. 35. Save under and in accordance with a permit granted by the Director, no person shall import into Belize or export therefrom any apparatus or any component part of any apparatus for transmission of radio waves unless he is the holder of a licence authorising him to deal in the course of trade or business in such apparatus.

37 Telecommunications [CAP (1) Save as otherwise provided in this section, no radiocommunication apparatus on board a vessel (other than a ship of war) shall be used while the vessel is in the territorial waters of Belize notwithstanding that a licence, whether granted under this Act or under the law of any other country, is in force in respect of such apparatus. 37 Control of radiocommunication apparatus on vessel in territorial waters of Belize. (2) When a vessel is proceeding through the territorial waters of Belize, radiocommunication apparatus on board the vessel may be used to communicate on minimum power with the nearest coastal station, if any, or if communication with the Director or any nearest coastal station is impracticable and the safe navigation of the vessel so requires, with a more distant coastal station or another vessel. (3) Radiocommunication apparatus on board a vessel that is in the territorial waters of Belize may be used, for the purpose of summoning assistance on an occasion of danger to the life of any person or to the vessel, to communicate with the Director, with the nearest coastal station, if any, or if communication with the Director or any nearest coastal station is impracticable, with a more distant coastal station or another vessel. (4) Subject to the conditions of the licence issued in respect of the radiocommunication apparatus on board the vessel, communication may be made from a vessel in the territorial waters of Belize in the very high frequency mobile service. (5) With the permission in writing of the Director, radiocommunication apparatus on board a vessel that is in the territorial waters of Belize may be used in the carrying out of experimental tests. (6) The Director may permit the use, on such occasions or for such period as he may specify, of radiocommunication apparatus on board a vessel that is in the territorial waters of Belize.